Terms & conditions

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.

Copyright

As the author of all photographs made pursuant to this Agreement and as provided by law, photographer retains the copyright in and to the photographs. The parties agree that the photographs are not works made for hire in accordance with 17 U.S.C. § 101, and that Photographer retains those exclusive rights in the photographs provided by 17 U.S.C. § 106, including the rights to reproduce the copyrighted work, prepare derivative works based on the copyrighted work, distribute copies of the copyrighted work to the public, and display the work.

Artistic Style

Client has spent a satisfactory amount of time reviewing Vendor’s current work and has a reasonable expectation that Vendor will perform the Services in a similar, but not exact, manner and style unless otherwise specified in this Agreement.

Consistency. Vendor will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

Every client and session is different, with different needs; services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;

Although Vendor(s) will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor(s) shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Vendor(s)'s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Cancellation, Re-scheduling, tardiness & no-shows

Cancellation, Rescheduling of Services, Tardiness of Vendor(s) or Client, or No-Show Client.

If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of the session or event to occur or failure of one or more essential parties to the session or event to show up in a timely manner, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in this Agreement. Vendor(s) has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, tardiness, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the session or event , or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client).

In regards to mini sessions, a 48+ hour cancellation notice is required to dismiss balance obligations of Total Cost. Within 24 hours of session, client will be prompted to pay remaining balance of Total Cost and by doing so, Client confirms appointment. Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost, should Client cancel, intend to re-schedule, is tardy, or does not show up to appointment.

Turnaround time

A turnaround time for all photoshoots of 2-4 weeks is expected (excluding weddings). A rush option of 30% of total session cost is available for 3 day turnaround, if photographer has availability to provide this option.

A turnaround time of up to 12 weeks is to be expected for all weddings/large events. A rush option of 30% of total cost of services is available for 2 weeks turnaround, if photographer has availability to provide this option.

Due to photographer's work and client queue flow, sneak peeks/single photo(s) in advance are not given.

PAYMENTS

PAYMENTS: Client agrees to pay Photographer non-refundable retainer to secure session date. In addition, Client agrees to remit full balance PRIOR to commencement of photo session plus any applicable sales tax.

Please revert to "Cancellation, re-scheduling, tardiness & no-shows"

CLIENT'S USE OF PHOTOGRAPHS

Client may use the photographs taken pursuant to this Agreement for personal, non-commercial purposes, including display on personal websites and copies in the form of prints, if, when customary, credit is given to Photographer as "NataliesPhoteauxCo.com."

Retention of photographs

Vendor(s) will retain raw copies of the photographs/footage taken pursuant to this Agreement for at least 30 days after Client's gallery has been delivered.

Vendor(s) will retain edited copies of the photographs/footage taken pursuant to this Agreement for at least 90 days after Client's gallery has been delivered.